2020 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers' Compensation
Article 2 - Administration
§ 34-9-47. Trial Division and Appellate Division Created; Composition; Sessions

1. There is created and established within the State Board of Workers' Compensation a trial division and an appellate division, which shall exercise judicial functions in implementing this chapter.
2. The appellate division shall be composed of the three members of the board who shall serve as appellate administrative law judges.The chairman of the board shall serve as chief administrative law judge of the appellate division.An administrative law judge may be appointed by the board to serve as a member of the board to review cases on appeal; provided, however, not more than one administrative law judge may serve as a member of the board on any case and an administrative law judge who served as the hearing officer in a case may not serve as a member of the board to review the same case on appeal. An administrative law judge appointed to serve as a member of the board pursuant to this subsection shall be counted as a member for the purposes of the quorum requirement of Code Section 34-9-46.
3. The trial division shall be composed of administrative law judges appointed by the board who shall serve as hearing officers and exercise judicial functions in implementing this chapter. An administrative law judge shall have the power to subpoena witnesses and administer oaths and may take testimony in those cases brought before the board. An administrative law judge hearing a case shall make an award, subject to review and appeal as provided in this chapter. An administrative law judge shall be subject to the Georgia Code of Judicial Conduct.
4. The appellate division and trial division of the board may hold such sessions as may be deemed necessary at any place within the state, subject to other provisions of this chapter.

(Ga. L. 1920, p. 167, § 52; Code 1933, § 114-702; Ga. L. 1937, p. 528; Ga. L. 1975, p. 198, § 7; Ga. L. 1988, p. 1679, § 5; Ga. L. 1992, p. 1942, § 7; Ga. L. 1993, p. 1365, § 1; Ga. L. 2016, p. 287, § 1/HB 818.)

The 2016 amendment, effective July 1, 2016, in subsection (c), substituted "An administrative law judge" for "Administrative law judges" at the beginning of the second sentence and added the fourth sentence.

- For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 285 (1992). For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 152 (1993).

In a case decided before the 1993 amendment of O.C.G.A. § 34-9-47(b), providing that an administrative law judge who served as the hearing officer in a case may not serve as a member of the review board on the same case, O.C.G.A. § 15-1-8(a)(3), by requiring the consent of the parties in such a situation, requires a knowing waiver; thus, an employer did waive its rights to challenge the review board's decision regarding a workers' compensation award when it was not disclosed that the administrative law judge who originally issued the award would be participating in the matter as a member of the review board. Arrow Co. v. Hall, 212 Ga. App. 365, 441 S.E.2d 794 (1994).

- Person appointed by the board to serve temporarily on the board as a deputy director pursuant to O.C.G.A. § 34-9-47 need not meet the qualifications of a regular director of the board selected by the governor pursuant to O.C.G.A. §§ 34-9-40 and34-9-42. Dougherty County Bd. of Educ. v. Lundy, 183 Ga. App. 550, 359 S.E.2d 403, cert. denied, 183 Ga. App. 906, 359 S.E.2d 403 (1987) (decided prior to 1988 amendment which substituted references to administrative law judges for references to deputy directors).

This section did not make it mandatory that deputy (now judge) hearing case render award, but the intention was simply to give the deputy power to do so; award is not void because it was made by a director on evidence heard and taken down before a deputy. Ware v. Swift & Co., 59 Ga. App. 836, 2 S.E.2d 128 (1939).

- Administrative law judge can summarily dispose of a claim for benefits when the underlying issues between the same parties have already been heard and determined. Continental Baking Co. v. Brock, 198 Ga. App. 578, 402 S.E.2d 331 (1991).

- When deputy director (now administrative law judge) is authorized to hear and determine claimant's application, and from the evidence heard by director, the director makes findings of fact and on such findings awards compensation to claimant, and employer and its insurance carrier appeal in due time to the board, such appeal opens the entire case for a de novo hearing before the board as a fact-finding body. Pacific Employers Ins. Co. v. West, 213 Ga. 296, 99 S.E.2d 89 (1957).

Cited in Delta Air Lines v. McDaniel, 176 Ga. App. 523, 336 S.E.2d 610 (1985); MARTA v. Reid, 282 Ga. App. 877, 640 S.E.2d 300 (2006).

OPINIONS OF THE ATTORNEY GENERAL

Admission to practice of law.

- There is no statutory requirement that members of the board be admitted to the practice of law in this state; however, a resolution of the board declares as a matter of policy that deputy directors (now administrative law judges) and the secretary-treasurer, before appointment, be admitted to the practice of law for at least three years. 1970 Op. Att'y Gen. No. 70-45.

- Members of the board or deputy directors (now administrative law judges) are not prohibited from the practice of law; however, resolution of the board declares its policy to be that all officials, personnel, and employees of the board devote their entire time to their duties and shall not be engaged in any occupation or business interfering or inconsistent with such duties. 1970 Op. Att'y Gen. No. 70-45.

RESEARCH REFERENCES

C.J.S.

- 100 C.J.S., Workmen's Compensation, §§ 809 et seq., 815 et seq., 827, 830 et seq.